Is an arbitration clause in a contract enforceable?
British Columbia, Canada
The following excerpt is from Russell Breweries Inc. v. Patrola, 2014 BCSC 800 (CanLII):
The defendants rely on a number of cases of which James v. Thow, 2005 BCSC 809, is representative. In that case the plaintiff argued that because the issues in the legal proceeding included breach of trust, breach of fiduciary duty, and fraud based on events before the agreement containing the arbitration clause was executed, the agreement was induced by fraud and therefore void and inoperative.
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